CEL ANPR PCN Claimform - Dental Practice 10B QUEENS ROAD, CONSETT, DH8 0BH

[Murpheus]

Just when you begin to think the matter has been dropped, good old CE have waited until the very last moment to inform the Court, they want my arse!

 

As mentioned in previous posts, successful against these [when they turned a £30 parking fine for my daughter into a £600 + bill]  thanks to the advice from here.

 

This time unfortunately they aint going to let it drop.

 

I have been looking at other posts and see JackD13 is in the same boat but a couple of weeks ahead of me....... link below.

 

 

From what I can gather, looks like going down the "Mediation Services" route is being advised to avoid if it regards parking ? 

 

If they are anything like POPLA can understand why. 

 

Haven't heard anything from CE despite pre typed letters asking for various info. 

 

 

n180.pdf

[dx100uk]

It is not a fine.

 

Std 180.

 

As you've read

3 copies

no to mediation

dont give the fleecers your phone/email/sig on their cipy

 

Dx

[Murpheus]

Thanks again dx, just a little concerned about which court should handle this. Don't fancy going all the way down to Northampton if push comes to shove. N180 box D1 does give option and my nearest County court is Gateshead. At the moment I'm on the sick so limited on travel.

[dx100uk]

your local court as it says..

 

dx

 

[lookinforinfo]

I have had a look back at your thread and cannot see the original PCN. Could you please post it up and see if it's a dog's breakfast. 

 

No doubt they will add on loads of unlawful costs-now described as a rip off by MPS so no chance of those getting past a Judge if they go that far. 

[Murpheus]

Pleased you asked lookinforinfo , could have sworn i uploaded it in earlier posts.

 

I have stumbled across original PCN which is in the POPLA defence of Civil Enforcement.

 

My short defence statement is also in that PDF and have to admit I was ignorant by not including more information like road works, traffic lights and wagons parked in front of the main blue sign. Thought my appointment and permission to park there would be enough... obviously not!

 

pcn.pdf

[lookinforinfo]

Your PCN is not compliant but sadly  in the appeal you sent you did it as the driver thus blowing one of your protections. It is why we advise not to appeal. don't beat yourself up as it is a common error and not fatal to your case.

[Murpheus]

2 copies posted, 1 to Northampton court, 1 to Civil enforcement. Will update as of when. Going to post something else now in the speeding department, looking for advice in the case of a relative.

 

[dx100uk]

start a thread in the speeding forum

 

 

[Murpheus]

Done.

 

[Murpheus]

Case now allocated to small claims track and written statements to be sent to the Court and other parties by 4 pm 14th June.

 

Okay....... then I get an offer [Today] to settle out of Court and just pay the original fine of £85 up until Sunday 29th May. Some may think I am pig headed and I know this offer will favour the claimant in Court but I truly did nothing wrong given the circumstances so have decided to go to Court.

 

[FTMDave]

No-one here thinks you're pig headed.

 

You're absolutely right to argue your case in court.  You won't be penalised at all for refusing their offer.  After all, what you really owe is £0.00.

 

If CEL reckon they have such a strong case, why are they offering to settle for so little?  Hmm ...

 

So you need to get working on your Witness Statement.

 

 

[dx100uk]

As they always do.

And it is not a fine!!

Never was never can be..  

[brassnecked]

Must be something  to clobber them with there as they wouldn't offer the original invoice amonut if they were that certain.

[Murpheus]

Only evidence I can rely on are my photos.

 

That sign I did not see is still angled the wrong way and you might as well look at a razor blade. A LWB van can easily hide other signs as in my case.

 

I did not get a chance to mention the road works going on in the POPLA hearing as I couldn't add any more photos to their website but this will be mentioned in my Court defence as it contributed hugely to me not seeing the sign at the front entrance.

 

I will type out my witness statement exactly how it happened, anyone would have done the same as me and not seen the signs on that particular day.

 

Thanks again for all your contributions.

 

[Murpheus]

Here goes, witness statement I will post to Court and and the claimant before 14th June.

 

On 10 July 2019 I had an appointment with the dentist. I had not been in the area for around 2 years and was totally unaware of the new parking restrictions being a free public car park previously. The road adjacent at the time, was very congested as traffic lights were in operation.

 

Turning right into the car park, I had to wait for pedestrians walking their dogs etc and a gap in the traffic, there were wagons and various heavy plant parked on the path and grass, a sinkhole had appeared further down the street which explained the disruptions.

 

The car park was quite full but my favourite spot was free so reverse parked as usual. I walked straight over the green between the trees to the surgery over the road and did the exact journey in reverse when visit was completed. When I drove out of the car park, which was just as hazardous driving in, did half notice a small blank sign near entrance but presumed it was related to construction as other road signs were close to it.

 

When the PCN arrived about a week later, I couldn't believe it as I never saw any obvious signs. I decided to revisit the scene mainly to scold myself for not being observant. It soon became apparent given the circumstances, anyone else would have done the same as myself and very likely missed the warnings. I decided to take photos. [around 18th July 2019] 

 

*The small sign at the entrance was on the day of appointment, obscured by a Construction wagon parked on the prementioned path. 

 

*When I turned right again into the car park, another sign was obscured by a large LWB van.     [See example photo 1] 

 

* The only sign opposite where I parked was tuned 90 degrees, obscured by branches / leaves and directly in line with the angle of a tree making it very difficult to notice.                       [ see photos 2 and 3] 

 

* Although [bar example photo 1] these photos were taken around 18 July 2019, the traffic lights are clearly gone but a workman's sign had been left.

[see photo 4] 

 

I am very surprised and stressed that this incident has dragged on for so long. If I was not incapacitated through sickness and still working, would counter sue.

 

The claimant has had my photographic evidence since August 2019 but along with an adjudicator, twisted it around by claiming I must have been fully aware of the rules as I took photos of the signs. 

 

It implies that I took these photos either before or on the day of my dental appointment, not over a week after the events.

 

Why on Earth would I do that, it would have been a lot quicker and less hassle just to register my details providing I knew the rules.  

 

The fact I had permission to park where I did and was considerate towards the elderly and disabled [could have parked right at the door of the surgery] I don't expect any sympathy these days.         

The Beavis case I have been reminded of so often, highlights this 

                                                                                     

 If it can happen, it will.

That is what happened to me on 10th July 2019.

I drove into a car park and back out again without seeing any warning signs. 

mt car park.pdf street.pdf

van.pdf

[FTMDave]

@Murpheus have you sent the WS yet?

 

If not, I have some free time now this afternoon and could help out.  The courts close at 4pm so sending it any time till then is OK.

[Murpheus]

Yeah sent it off although did some minor editing when referring to the Beavis and Butthead case. Just going to wait for Court case. Evidence I supplied was of an empty car park, even then you must admit that sign is very hard to see. Forgot to mention in my defence, car park was very busy on the day and I'm sure vehicles were parked in front making it even harder to see. Pardon late response, will keep you updated.